Law & Legal & Attorney Government & administrative Law

About Legal Rights for the Physically Handicapped in Missouri

    History

    • The ADA was passed on July 26, 1990, and forbids discrimination against any disabled person (on the basis of a disability) by any employer, state or federal agency, public facility, or public transportation. The ADA passed in the senate with only eight "nay" votes, and in the House of Representatives with twenty-eight "nay" votes. Once the law passed, all U.S. states, including Missouri, were required to abide by it. It went into effect in Missouri on January 26, 1992.

    Significance

    • The ADA is in full force in Missouri. The ADA requires employers, public businesses and public facilities to provide accommodations for disabled people, including wheelchair access to facilities or services or TDD and telephone relay services. For employers, this also means that an employee or prospective employee must receive appropriate reasonable accommodations for everything from the application process, to hiring, to advancement. "Reasonable accommodation" means one that would allow the person to perform his job despite a disability.

    Misconceptions

    • Some Missourians believe the ADA gives disabled individuals in Missouri an advantage over able-bodied folks, especially in the area of employment. In fact, the ADA simply levels the playing field. Missouri employers aren't required to favor a disabled person, but may not legally choose a less-qualified but able-bodied individual. In a May 2007 trial, a St. Louis judge confirmed that employers are not required to show preference to a disabled person when an equally qualified candidate is available.

    Effects

    • The effect of the ADA on Missouri businesses has been significant. Since companies are required to modify or build businesses to accommodate the handicapped, there have been serious financial implications. Most often, these renovations must be paid out of pocket. The government offers no assistance for business owners, although a special tax credit has been issued to help small businesses defray the cost of renovation.

    Benefits

    • While some Missouri business owners and employers were initially frustrated by the significant changes that were required for the Americans with Disabilities Act, it seems that a deeper understanding has developed. Consider this: most able-bodied people had no concept of the difficulties experienced by the disabled population prior to the ADA's inception and enforcement. We, as a society, are slowly developing a new understanding for our disabled brothers and sisters, and that can only be a good thing.

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